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DECREE

DECREE

On the list of work positions subject to periodical interchange and the term for interchange for cadres, public employees and servants

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to Article 43 of the November 29, 2005 Anti-Corruption Law;

Pursuant to the February 26, 1998 Ordinance on Cadres and Public Employees; the April 28, 2000 Ordinance amending and supplementing a number of articles of the Ordinance on Cadres and Public Employees; and the April 29, 2003 Ordinance amending and supplementing a number of articles of the Ordinance on Cadres and Public Employees;

At the proposal of the Minister of Home Affairs,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Decree provides for work positions in domains, branches and occupations whose holders are subject to periodical interchange and the term for interchange in state agencies, organizations and units involved in the management of state budget and assets, and directly working with, and settling affairs of agencies, organizations, units and individuals with a view to proactively preventing corruption.

Article 2.- Subjects of application

1. This Decree applies to cadres, public employees and servants who do not hold leadership and management posts and are working at agencies, organizations and units below:

a/ Ministries, ministerial-level agencies, government-attached agencies; administrative organizations of ministries, ministerial-level agencies and government-attached agencies;

b/ The State President’s Office, the National Assembly Office, the Office of the Central Steering Committee for Corruption Prevention and Combat; the State Audit; People’s Courts and People’s Procuracies of all levels, Military Courts and Military Procuracies of all levels;

c/ People’s Councils and People’s Committees of all levels; functional agencies of provincial- and district-level People’s Committees;

d/ Agencies of political organizations and socio-political organizations of commune and higher levels;

e/ Non-business units of the State, political organizations and socio-political organizations;

f/ Economic groups, corporations and companies of the State (below referred to as state enterprises);

g/ Agencies, organizations and units of the armed forces;

h/ Professional-socio-political organizations, social organizations, socio-professional organizations and other agencies, organizations and units using the state budget and assets.

2. The rotation of cadres and public employees holding leadership and management posts complies with regulations on cadre rotation.

Article 3.- Interpretation of terms

1. Periodical interchange of work positions means that the head of an agency, organization or unit decides to appoint, rearrange or reassign cadres, public employees and servants who have worked for full 36 months at positions in domains, branches and occupations specified in Article 8 of this Decree to other positions.

2. Cadre, public employee or servant holding leadership or management post means a person who is elected or who is appointed by a competent person to hold a leadership post for a certain term in an agency, organization or unit and is entitled to leadership allowances.

Article 4.- Principles for, and prohibited acts in the periodical interchange of work positions

1. Principles for periodical interchange of work positions:

a/ Periodical interchange of work positions prescribed by this Decree is conducted compulsorily and regularly and applies to all cadres, public employees and servants who are arranged to hold positions in domains, branches and occupations specified in Article 8 of this Decree;

b/ Periodical interchange of work positions must be conducted in an objective, impartial, scientific and rational manner taking into account the expertise and skills of interchanged post holders; to fight factionalism and individualism; not to cause disunity in and negatively affect the stability of agencies, organizations and units;

c/ To ensure the interchange principle, not to increase or reduce the payroll of agencies, organizations and units;

d/ Periodical interchange of work positions must be conducted according to plan, must be publicized in agencies, organizations and units and regarded as a responsibility of heads of organizations, agencies and units.

2. Prohibited acts in periodical interchange of work positions:

a/ Periodical interchange of work positions irrelevant to the expertise and skills which post holders are doing or taking charge of;

b/ Taking advantage of regulations on periodical interchange of work positions for cadres, public employees and servants for self-seeking purposes or for mistreating cadres, public employees and servants.

Article 5.- Contents and forms of periodical interchange of work positions

1. Contents of periodical interchange of work positions:

a/ On a regular basis, to interchange work position holders with the same expertise and skills from one section to another in an agency, organization or unit or between domains and areas which post holders are assigned to supervise, take charge of or manage;

b/ On a regular basis, to interchange work position holders between agencies, organizations and units under the management of agencies, organizations and units specified in Clause 1, Article 2 of this Decree.

2. Periodical interchange of work positions must be conducted only under decisions on assignment and arrangement of cadres, public employees and servants as prescribed in Clause 1 of this Article.

Article 6.- Cases in which periodical interchange of work positions is not conducted

1. Cadres, public employees and servants who are considered for being disciplined or are being disciplined.

2. Cadres, public employees and servants who are subject to legal proceedings or investigation or are involved in issues under inspection or examination.

3. Cadres, public employees and servants who are receiving medical treatment for fatal diseases under the Health Ministry’s regulations, attending long-term training courses, or working on special assignment.

4. Female cadres, public employees and servants who are pregnant or raising children under 36 months. This clause also applies to male cadres, public employees and servants who are raising children under 36 months (because their wives die or for other objective reasons).

Chapter II

TERM FOR PERIODICAL INTERCHANGE AND LIST OF WORK POSITIONS WHOSE HOLDERS ARE SUBJECT TO PERIODICAL INTERCHANGE

Article 7.- Term for periodical interchange of work positions

The term for interchanging work positions is three years (full 36 months) for cadres, public employees and servants whose expertise and skills are related to the management of state budget and assets and who personally work with, and settle affairs of, agencies, organizations, units and individuals.

Article 8.- List of work positions in domains, branches and occupations whose holders are subject to periodical interchange

Work positions subject to periodical interchange are in the following domains, branches and occupations:

1. Management of finance, budget and assets of the State;

2. Management of goods export and import;

3. Customs, taxation, treasury and national reserve operations; management and performance of accounting and audit activities;

4. Management of state enterprises equitization; management of securities and securities market;

5. Appraisal and valuation in auctioning and debt trading activities;

6. Licensing of banking and foreign interchange operations; inspection and supervision of banking operations; management and performance of credit transactions in state credit institutions; credit appraisal and lending;

7. Management of sale, assignment and lease of land and assets on land and grant of certificates of land use right and house ownership;

8. Management and direction of planning and investment works in state agencies and state enterprises;

9. Management of foreign relation and consular activities;

10. Management and grant of registration certificates, certificates of marriage involving foreign elements, certificates, permits, judicial record cards; notaries, civil judgment executors;

11. Management of capital construction, site clearance, compensation pricing in site clearance and project management;

12. Management and grant of all kinds of diplomas and certificates;

13. Management and grant of certificates of registration of all kinds of vehicles, and driving licenses;

14. Management and registration of means of transport;

15. Market control, forest management;

16. Inspection activities;

17. Cadres, public employees and servants in charge of corruption prevention and combat in agencies, organizations and units specified in Clause 1, Article 2 of this Decree;

18. Traffic police; judicial police; prison management police; household management police; investigative police; economic police; administrative area police, administrative order police; police in charge of registering and managing weapons and seal-required conditional businesses; police in charge of registration and management of residence; police in charge of logistics; economic security, investigative security, entry and exit management, and cadres in charge of scout in investigative agencies of people’s police forces;

19. Cadres and employees doing logistics, technical, investment and economic jobs in the people’s army;

20. Inspection of judicial activities; prosecution activities of people’s procuracies and military procuracies of all levels; trial activities of people’s courts and military courts of all levels;

21. Recruitment and training of, and organization of recruitment exams and rank promotion exams for, public employees and servants; personnel and human resource management work.

Article 9.- List detailing

Within 60 days from the date this Decree takes effect, ministers, heads of ministerial-level agencies, heads of government-attached agencies and heads of agencies specified in Point b, Clause 2 of this Decree shall issue documents specifying lists of work positions whose holders are subject to periodical interchange in domains, branches and occupations prescribed in Article 8 of this Decree which are under their management power and send them to the Ministry of Home Affairs for sum-up and report to the Prime Minister.

Chapter III

RESPONSIBILITIES OF IMPLEMENTATION OF PERIODICAL INTERCHANGE OF WORK POSITIONS

Article 10.- Time for issuing decisions on periodical interchange of work positions and work transfer

1. Cadres, public employees and servants subject to interchange of work positions shall be interchanged in the form prescribed in Clause 2, Article 5 of this Decree and they shall be notified publicly 30 days before the interchange.

2. Authorities competent to decide on periodical interchange of work positions shall organize and create favorable conditions for cadres, public employees and servants to transfer their duties to other cadres, public employees and servants from 1 to 5 working days before switching to another position.

Article 11.- Special cases

1. When agencies, organizations or units have only one working position for periodical interchange which requires expertise and skills different from other positions in those agencies, organizations or units, the interchange of that position holder shall be decided by the competent immediate supervision agencies.

2. Not to interchange work positions of cadres, public employees and servants who have a working time of less than 18 months to reach the retirement age.

Article 12.- Responsibilities of implementation and inspection of implementation

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairmen of provincial/municipal People’s Councils, presidents of provincial/municipal People’s Committees and heads of other agencies, organizations and units specified in Clause 1, Article 2 of this Decree shall comply with Article 9 of this Decree; at the same time specify the competence and responsibilities for implementing the periodical interchange of work positions for their member agencies, organizations and units; and publicize regulations and plans on interchange for cadres, public employees and servants in their agencies, organizations and units.

2. Annually, ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairmen of provincial/municipal People’s Councils, presidents of provincial/municipal People’s Committees and heads of other agencies, organizations and units specified in Clause 1, Article 2 of this Decree shall direct the elaboration of plans on periodical interchange of work positions in the system of agencies, organizations and units under their management competence and monitor and supervise these plans’ implementation.

Article 13.- Responsibilities of agencies, organizations and units

1. Agencies, organizations and units which are authorized to manage and employ cadres, public employees and servants shall conduct periodical interchange of work positions as prescribed by this Decree.

2. Heads of agencies, organizations and units shall devise plans on, organize the implementation of, supervise, inspect and report to their immediate management authorities on, periodical interchange of work positions for cadres, public employees and servants according to their competence and shall take responsibility for their decisions.

Article 14.- Responsibilities of cadres, public employees and servants in the periodical interchange of work positions

Cadres, public employees and servants shall strictly observe decisions on periodical interchange of work positions issued by the heads of their agencies, organizations or units, or competent persons.

Article 15.- Responsibilities of ministries, branches and localities

Ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People’s Committees shall report on the situation and results of annual implementation of this Decree to the Ministry of Home Affairs before December 1 every year for sum-up and report to the Prime Minister.

Article 16.- Handling of violations

Violators of the provisions of this Decree and other legal provisions concerning periodical interchange of work positions shall, depending on the nature and severity of their acts, be handled in accordance with law.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 17.- Implementation effect, guidance and inspection

1. This Decree takes effect 15 days after its publication in "CONG BAO."

2. Cadres, public employees and servants working in agencies, organizations and units specified in Clause 1, Article 2 of this Decree who have worked for more than 36 months at positions in domains, branches and occupations prescribed in Article 8 of this Decree shall be switched to other positions as from April 1, 2008.

3. The Minister of Home Affairs shall guide, inspect and report on the implementation of this Decree to the Prime Minister in December every year.

4. Competent agencies of political organizations and socio-political organizations shall guide cadres, public employees and servants in agencies, organizations and units of political organizations and socio-political organizations on, and inspect, the implementation of this Decree.

Article 18.- Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal People’s Committees, agencies, organizations, cadres, public employees and servants shall implement this Decree.